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Ord. 509-604 09-09-02ORDINANCE NO. 509-604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, BEING 3.525 ACRES, OUT OF TRACT 9 OF THE W. ZYCHLINSKI SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, SECTIONS 1,2,3 AND 4, A-233, 542, 232, AND 543, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1055 AND SPECIFIC USE NO. 111) (3521 ORANGE STREET) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R-1(S)) AT THE REQUEST OF ST. STEPHEN LUTHERAN CHURCH, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, St. Stephen Lutheran Church, Owners, filed on July 12, 2002, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and; WHEREAS, on the 12th day of August, 2002, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and; WHEREAS, on the 13t" day of August, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, St. Stephen Lutheran Church, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Planned Unit Development District (PUD); and; 1 ORDINANCE NO. 509-604 WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and considered the recommendation of the Planning and Zoning Commission, at a regular meeting on August 26, 2002, and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of St. Stephen Lutheran Church, Owners, presented which, in the judgment of the City Council, would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Planned Unit Development District (PUD) to is hereby for all purposes changed and reclassified as Single Family Dwelling District - Specific Use (R-1(S)) for a church ; such property being more particularly described as: 3.525 acres, out of Tract 9 of the W. Zychlinski Subdivision, H. T. & B. R.R. Company survey, Sections 1,2,3 and 4, A-233, 542, 232, and 543, Brazoria County, Texas (3521 Orange Street) II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. 2 ORDINANCE NO. 509-604 III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. V. All rights and remedies which have accrued in the favor of the City under this Ordinance and its amendments thereto shall be and are preserved for the benefit of the City. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509, and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509-604 PASSED, APPROVED, and ADOPTED on First Reading this 26th day of August , 2002. T• • ' EID MAYOR ATTEST: NG L Y SEC TARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9 day of September , 2002. ATTEST: APPROVED AS TO FORM: .4 A" adr4 DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: Fif Change in Zoning Classification from: PU P to: (list current zoning) (list proposed zoning) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Ee Specific Use Permit Request for : 414WIGH (list proposed use) '-/ Property Information: Address: 35Z / 6. 0 IZA NesLE6 7 Subdivision: w, a YG H L.1 tJ 6 K 1 Lot: Block: Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): 4 H V ItGH Proposed use of property: GH i 24.14 PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME ST. .57#G!J LU 4 AM G4-1026N NAME ADDRESS 3S`Z / .0, peAma.0 o' i ADDRESS CITY lEAZ.t.A1.11:, STATE 1Y ZIP 7738/ CITY STATE ZIP PHONE( jf) 4'x6 /crt'' PHONE( ) FAX( ) '1 JJ 2 S 3 J FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: e GA K G CEA.) /d-i,3 Agent's Signature: Date: Date: % - /2- ' 6 2L OFFICE USE ONLY: FEES PAID: 9� G� DATE 1449i a-o V RECEIVED BY: \ 1 " 24IAPPLICATION NO. I OJ5 " SL I 1 1 u �r I`i El IMMO fa rof I I I I In WI Mi JINN 74 Mil �_ In MI MN eft Mal Urn ill rargri ��� 'j1iwt11,,i .1 tonfriamihriALL: "yr vim :mu::77ii:Iftrv.# AVITIIIIIN- i I KIr r 44rritt Zone Change Application No. 1055 and Specific Use Application No. 111 St. Stephen Lutheran Church 3521 Orange St (PUD-R1(S)) N August 13, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1055 AND SPECIFIC USE APPLICATION NO. 111 Request of St. Stephen Lutheran Church, owners for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit Development District (PUD) to Single Family Dwelling District — Specific Use (R-1(S)) for a church on the following described property, to wit: 3.525 acres, out of Tract 9 of the W. Zychlinski Subdivision, H. T. & B. R.R. Co. survey, Sections 1,2,3 and 4, A-233, 542, 232, and 543, Brazoria Co., TX (3521 Orange Street) Honorable Mayor and Council Members: At a regular meeting held on August 12, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1055 with Specific Use Application No. 111 to City Council for approval with a second made by Commissioner Sandars. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: St. Stephen Lutheran Church, 3521 Orange Street, Pearland, TX 77581. Page 1 of 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of, Texas Brazoria and Harris Counties i, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for l issues, as follows: No. / Date 7- ? . 20. No. Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 O- LAURA A. E'i, , O YS Notsry PC -Az:, State of T.exns Corrir assic1 Expires 9-C-07 t i day of aura Ann Emmons, Publisher Notary Public, State of.Texas APPLICATION NO. 1054 Published -July 24 & July31, 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 12th day of August, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of;;Peadand, Brazoria, Harris and Fort Bend Counties, Texas, will con- duct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of . St. Stephen Lutheran Church, owner, for an amendment to the Land Use and Urban Develop- ment Ordinance of said City from Classification Planned Unit Development (PUD) to Single Family Dwelling District Specific Use (R-1 (S)) for a church on the fol- lowing described properly, to wit: 3.525 acres, out of Tract 9 of the W. Zychlinski Subdivi- sion, H.T.& B.R.R. Co. Survey, Sections 1, 2, 3, and 4, A-233, 542, 232, and 543, Brazoria, Co., TX (3521 E. Orange Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1055 & SPECIFIC USE NO. 111 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of, Texas Brazoria and Harris Counties 1, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date 7-3/ 2012 No. Date 20 No. Date -20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20(96,- ;, LAURA A. ECM MO;j S • ter,, ,Oiz�Y '1�v , St t 07 fGXcS Comriizs!cP, Expires 9$ 2 } day of aura Ann Emmons, Publisher Notary Public, State of Texas Published July 24 & July 31, 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE <> IOTY OF PEARLAND, TEXAS Notice is hereby given that on the-12th day of August, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Peatland, ;Brazoria, Harris and Fort Bend Counties, Texas,: will con- duct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Peartand, Texas, on the request of St. Stephen Lutheran Church, owner, for an amendment to the Land Use and Urban Develop- ment Ordinance of said City from Classification Planned Unit Development. (PUD) to Single Family Dwelling District - Specific Use (R-1 (S)) for a church on=the fo lowing described property, to wit: 3.525 acres, out of Tract 9 of the W. Zychlinski Subdivi- sion, H.T.& B.R.R. Co. Survey, Sections 1, 2, 3, and 4, A-233, 542, 232, and 543, Brazoria, Co., 'TX (3521 E. Orange Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject.